Michael Boyajian v. Shahrokh Ordoubadi

MEMORANDUM

Shahrokh Ordoubadi appeals the district court’s rulings that his Motion to Vacate Renewal of Judgment and his Motion for an Order Requiring Mayor Dune to File an Acknowledgment of Satisfaction of Judgment were in substance motions under Federal Rule of Civil Procedure 60(b) and had been unreasonably delayed. May- or Dune, Inc. cross-appeals the district court’s finding that Mayor Dune had not provided notice of the renewed judgment.

District courts have the authority to treat motions seeking relief from a judgment as Rule 60(b) motions regardless of the name the parties give them. See Harvest v. Castro, 531 F.3d 737, 745 (9th Cir.2008) (treating Application to Amend Order Nunc Pro Tunc as a Rule 60(b) motion); Am. Ironworks & Erectors, Inc. v. N. Am. Constr. Corp., 248 F.3d 892 , 898-99 (9th Cir.2001) (construing motion for reconsideration as a Rule 60(b) motion). The district court properly construed Or-doubadi’s motions as motions under Rule 60(b).

“Motions for relief from judgment pursuant to Rule 60(b) are addressed to the sound discretion of the district court and will not be reversed absent an abuse of discretion.” Casey v. Albertson’s Inc., 362 F.3d 1254, 1257…